Completed executions

A judgement creditor cannot retain the "benefit" of an execution or attachment, unless he has completed it-

1. Before the date of the receiving order, and
2. Without notice of the presentation of a petition or the commission of an available act of bankruptcy,   

But he can retain any money received by him before that date (Re Andrew).

If the judgement exceeds Shs 400 the bailiff must retain the proceeds of sale for 14 days, and us hand over the proceeds to O.R. or trustee, of notice of a petition is served on him during that time; and the same applies if, before sale, notice is served on him that a receiving order has been made.

The court has discretion to set aside these rights in favour of the creditor if it thinks fit.

Posted Date: 12/13/2012 12:31:46 AM | Location : United States

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